Tuesday, June 14, 2011

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payal_nag

12-08 12:04 PM

I did send the $15 for overnight return. The consulate is saying they are taking 20 business days now to issue new passports. Even i had good experiences in the past where they send the stuff back within a week. But just my luck , that this time it is taking forever!!!!

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andycool

12-28 10:10 AM

Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

Any information in the next 12-24 hours would be greatly appreciated.

Thanks all, Vick Bookmark and Share

Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94

Thanks

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cdeneo

09-21 06:24 PM

The text provided on the link below has the following section: ================ Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

==========================================

Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

Can someone please clarify? Thanks!

Look at this document. This should answer lot of questions regarding AC21

Waiting for over 5 years for the damn green card and still no end in sight. No wonder there's a lot of pent up anger and frustration.:mad:

Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!

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keerthisagar

10-28 10:02 AM

There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).

However, You can file a request using FOIA. Check the following threads.

C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.

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Vic

10-11 12:12 PM

Hi everyone,

I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.

One more related question. If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1

so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.

We can even say yes she had it but lost it over there so i mail her the document. right?

Once AP is approved, you can travel and have someone here send it to you. I have personally done that without a problem. I left the country and a friend of mine brought the document. A couple of my other friends followed my example, travelled without the document in hand and none of us have had a problem.

I did send the $15 for overnight return. The consulate is saying they are taking 20 business days now to issue new passports. Even i had good experiences in the past where they send the stuff back within a week. But just my luck , that this time it is taking forever!!!!

The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!

Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.

I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.

We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!

I am just sick and tired!

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sriniks

12-07 06:01 PM

For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.

For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.

Thank you yagw. Yes, the PD is current. Are there any restrictions on when we're eligible to take infopass? Like waiting for a certain period of time after the last appointment. For instance, when I called in, the representative refused to open an SR because it's not 90 days since our last appointment. Infopass is taken through the USCIS web site, right? The officer indicated we should be able to get a GC stamp in the passport until we get the card. It sounds odd to me. Anybody heard this happen before?

I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.

The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.

Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.

Just a suggestion................I know there is no dearth of suggestions.

We should definitely try (in addition to writing letters).

Can we get some more information about this bill? Who are the key players supporting/pushing it, who/how do we contact to try and push some of these reforms?

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iv_only_hope

08-15 09:30 AM

Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.

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ronhira

05-18 02:00 PM

i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......

geesee

07-23 04:10 PM

It mentions that in any of the incorrect filing, cases will be rejected...

does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?

needhelp!

11-21 02:10 PM

But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.